Expert Safety Supplies Terms & conditions
The following terms and conditions govern the supply of goods sold by Expert Safety Supplies Limited (company number. 9327538), whose registered office is at Unit 3 Halfpenny Bridge Ind Est, Lincoln Close, Rochdale OL11 1NS. ("Expert", "Our", "We") to the customer ("You", "Your", "Us"). By ordering goods from Our website (www.expertsafety.co.uk) You agree to be bound by these terms and conditions. These Conditions of Sale ("the Conditions") shall apply to all orders placed by You and shall override any terms and conditions which You impose or seek to impose. "The Contract" means any contract made between the parties that incorporates these Conditions.
No terms or conditions endorsed on, delivered or contained in Your purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract. Delivery of any goods following a quotation or estimate for supply made by Expert will be made only upon these Conditions. Any advertising We issue in any form are issued or published for the sole purpose of giving You an approximate idea of the goods and do not form part of the Contract; as such We accept no liability in respect of any errors or omissions in Our advertising or for any loss or damage you may incur from relying on Our advertising.
We may amend or modify any information on Our website including these Conditions at any time. If You continue to use Our website after such amendment or modification You may only do so on the terms that You acknowledge that it is Your responsibility to ascertain whether any such amendments or modifications have been made regardless of whether You have actually reviewed and expressly agreed to such amendment or modification. Continued use of this website by You will constitute Your acceptance of any amendment of modification.
All orders placed by You are subject to written acceptance by Expert confirming the availability of the goods you have ordered. We may choose not to accept Your order or purchase for any reason and will not be liable to you or to anyone else for non-acceptance. We will acknowledge receipt of Your order by e-mail or printable page on Our website within 24 hours, however the Contract between Expert and You will only come into existence when You receive Our written acceptance of Your order or We act in any way consistent with fulfilling the order. Any variation must be approved by an authorised Expert employee and be in writing.
1. Availability
1.1 Our website is only intended for use by those resident in the UK. These Conditions are only applicable in the UK.
1.2 You agree that:
a) You are legally capable of entering into binding contracts;
b) You are at least 18 years old;
c) You are resident in the UK;
d) You are accessing Our website in the UK.
2. Price and Payment Terms
2.1 The price of any goods will be as quoted on Our website from time to time except in cases of obvious error. We are under no obligation to provide the goods to You at the incorrect (lower) price even after We have sent You written acceptance if the error is obvious and unmistakeable and could have reasonably been recognised by You as a mis-pricing. The prices are subject to VAT where applicable and exclude delivery costs unless stated otherwise.
2.2 Any quotation or estimate made by Us is valid for thirty (30) days and is subject to these Conditions.
2.3 Prices are correct at the time of issue and are subject to change without prior notice. Unless we have send you an order confirmation from “sales@expertsafety.co.uk” if prices are incorrect and we have informed you of this error, you have the right to request a full refund prior to any items being shipped.
Consumers
1. Payment for all goods must be made in full by credit card, debit card or Paypal. We accept payment with Mastercard, Visa, Visa Delta, Visa Electron or Maestro.
2. No payment shall be deemed to have been received until We have received cleared funds
Trade customers
1. Terms of payment are 30 days from the date of invoice and in default Expert shall be entitled without notice to You (even if You have a contract with a third party) to:
a) Terminate any outstanding orders or quotations;
b) Withhold and/or suspend supplies; or
c) Reduce Your credit limit
2. Expert shall also be entitled, at its discretion, to receive payment of any and all monies in respect of goods supplied whether these monies would ordinarily be due for payment or not.
3. In addition, Expert shall be deemed to have been received until Expert has received cleared funds. Time of payment is of the essence. In addition, Expert shall be entitled to claim interest on late payments pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. You pay the interest together with the overdue amount and You will indemnify Expert in respect of all costs incurred by Expert in recovering payment, including the cost of instructing solicitors.
4. You shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless You have a valid court order requiring an amount equal to such deduction to be paid by Expert to You. Expert reserves the right to set off, deduct or discount any amounts due from Expert under any other arrangement with You against any monies due to Expert under this Contract.
2.4 If you are a trade customer You are responsible for all orders placed by Your employees and We are not bound by an individual order limit you may place on Your employees.
2.5 In the event You tender payment by cheque and the cheque is subsequently returned by Your bank unpaid, You will indemnify Expert in respect of all resulting bank changes We incur. In the event of payment by credit or debit card which is subsequently rejected, We shall be entitle to charge You interest on the amount unpaid at the rate of 3% above the base rate of RBS bank plc until payment is made in full and You will indemnify Us in respect of all costs We incur in recovering payment including the cost of instructing solicitors.
2.6 The format of Our invoices shall be dictated by Expert.
3. Delivery
Consumers
1. Unless otherwise agreed delivery of the goods shall take place at Your address. Delivery shall be completed on arrival.
2. Your order will be fulfilled by the delivery date set out in Our confirmation of Your order, or if no date is specified, then within 30 days of the date of written acceptance, unless there are exceptional circumstances.
Trade customers
1. Unless otherwise agreed delivery of the goods shall take place at Your place of business. Delivery shall be completed on arrival.
2. Any dates specified by Expert for delivery are intended to be an estimate. If no dates are specified, delivery shall be within a reasonable time. Expert shall not be liable for any delay in delivery of the goods that is caused by an event of force majeure or Your failure to provide Us with adequate delivery instructions that are relevant to the supply of the goods.
3. When Expert makes delivery of the goods to Your place of business or any other place as agreed in writing, all charges in relation to carriage, including without limitation, transport costs, insurance and unloading, will at Expert's option, be borne by You.
3.1 Time of delivery shall not be made of the essence by notice.
3.2 Expert reserves the right to deliver in instalments and failure to delivery one instalment will not entitle You to cancel the contract.
3.3 Claims for shortages or damaged goods must be made to Us within 3 working days of receipt of the goods. Claims for non-delivery must be made to Us within 10 working days of the delivery date. The quantity of any consignment of goods recorded by Expert upon dispatch from Expert's place of business shall be conclusive evidence of the quantity received by You unless You can provide conclusive evidence to the contrary.
3.4 A valid signature may be required on delivery.
4. Risk and title
4.1 The goods will be at Your risk from the time of delivery.
4.2 If You do not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered and risk shall pass to You (including for loss or damage caused by Expert's negligence) and Expert may:
a) store the goods until delivery takes place, and charge You for all related costs and expenses (including without limitation, storage and insurance); or
b) sell the goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge You for any shortfall below the Contract price.
4.3 Without prejudice to any other right or remedy available to us, if you are in breach of the payment terms Expert shall be entitled to:
a) cancel the Contract;
b) suspend any further deliveries; or
c) terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action but, for the avoidance of doubt Expert shall inform You in writing before taking any or all of the three courses of action detailed in this condition 4.
5. Retention of title
5.1 Ownership (or title) of the goods will only pass to You when We have received full payment in cleared sums in respect of all orders you have placed for goods, including delivery charges.
5.2 Until title to the goods passes, You shall hold the goods on a fiduciary basis as Expert's bailee and shall keep them properly protected, insured, clearly identified and stored separately from any other goods (whether or not supplied by Expert). You shall:
a) not be entitled to use the goods
b) safely hold the goods for Us
c) return the goods immediately to Us if We request You to do so
d) be liable to Us for any loss, damage or destruction of the goods.
5.3 You shall not destroy any identifying mark on the goods or packaging of the goods. You shall notify Expert immediately if you become subject to any of the events listed in condition 11. You may resell or use the goods in the ordinary course of business. If before title passes to You, You become subject to any of the events listed in condition 11 or Expert reasonably believes such event is about to happen and notifies You accordingly then provided the goods have not been resold, or irrevocable incorporated into another product, and without limiting any other right or remedy Expert may have, Expert may at any time require You to delivery up to goods. You grant Us an irrevocable licence to enter, with or without vehicles, any of Your premises (or the premises of any third party where the goods are stored) for the purposes of inspecting or repossessing the goods.
6. Cancellation and returns
Consumers
1. Cancellation:
You have the right to cancel this contract for any reason before the expiry of fourteen (14) days commencing on the first full working day after the day on which You receive delivery of Your order ("Cancellation Period") and to be refunded within 14 days of You providing notification of this in writing by email or first class post. If you wish to cancel the Contract after the Cancellation Period has expired You must do so by providing Us with at least 14 days' written notice and We may, at Our option, charge a cancellation fee to cover Our administration costs. The amount of the cancellation fee will be set out on Our website from time to time.
2. Returns:
a) When You return the goods to Us in accordance with the above We will process Your refund as soon as possible and, in any case, within 14 days. Expert will refund the price of the goods in full however You will be responsible for the cost of returning the goods.
b) When You return the goods for any other reason (e.g you claim the goods are defective), We will examine the goods and We will notify You of whether, in Our reasonable opinion, a refund is payable via e-mail within a reasonable period of time. We will process the refund as soon as possible and, in any event, within 14 days of the day We confirm to You that You were entitled to a refund. Goods returned to Us due to a defect will be refunded in full including delivery and the reasonable costs You incur in returning the goods to us.
3. We will usually refund any money received from You using the same method originally used by You to pay for Your purchase.
Trade Customers
1. Returns:
Notwithstanding any other provision in the Contract, Expert may at its option allow You to return the goods upon the following conditions:
a) that the relevant goods are non-faulty;
b) that the relevant goods are goods ordinarily held in stock at one of Expert's locations;
c) that You notify Us within 10 days of delivery of its intention to return the goods;
d) that the goods are returned to Expert within 15 days of delivery;
e) Expert and You shall agree whether the goods shall be delivered by You to Expert or collected by Expert from You;
f) that the goods are undamaged, in the original packaging, with all trademarks or other labelling intact and fully suitable for re-sale; and
g) you agree to pay Expert a 20% handling fee against the return of non-faulty standard goods.
2. Notwithstanding any other provision in the Contract, Expert may from time to time at its sole option accept the return of a non-standard, non-faulty goods upon separate rates, terms and conditions, to be agreed with You in advance of any such return. Non-standard goods are goods which are not ordinarily held in stock at one of Expert's locations.
7. Quality
Consumers
1. We warrant to You that any goods purchased from Us through out website are of satisfactory quality and reasonably fit for all the purposes for which the products of the kind are commonly supplied.
Trade Customers
1. Expert warrants that upon delivery the goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
2. Subject to paragraph 3 if:
a) you notify Us of the alleged defect within 3 days of the time when You discover or ought to have discovered the defect;
b) complies with any reasonable request or instruction from Expert;
c) affords Expert a reasonable opportunity to inspect the relevant goods; and
d) allows Expert to collect the relevant goods;
Expert shall, at its option, replace the defective goods, or issue a credit note in respect of the defective goods.
3. Expert shall have no liability under the warranty in this Condition in any of the following events:
a) any defect arising from wilful damage, negligence, abnormal storage conditions;
b) failure to follow Expert's or the manufacturer's instructions whichever is appropriate (whether oral or in writing);
c) if the total price for the goods has not been paid by the due date for payment;
d) in respect of any type of defect or damage specifically excluded by Expert by notice in writing; or
e) if You make any further use of the goods after giving notice in accordance with this condition.
4. Except as provided above, Expert shall have no further liability to You in respect of the goods' failure to comply with the warranty set out in condition 6.
5. The terms implied by section 13-15 of the Sale of Goods Act 1979, are, to the fullest extent permitted by law, excluded from the Contract.
6. These conditions shall apply to any repaired or replacement goods supplied by Expert.
We make no sale by sample.
8. Our liability
Consumers
1. Our liability for losses You suffer as a result of Us breaking this agreement is strictly limited to the purchase price of the goods You purchased and any losses which are a foreseeable consequence of Us breaking this agreement. Losses are foreseeable where they could be contemplated by You and Us at the time Your order is accepted by Us.
2. This does not include or limit in any way Our liability:
a) for death or personal injury caused by Our negligence;
b) under section 2(3) of the Consumer Protection Act 1987;
c) for fraud or fraudulent misrepresentation; or
d) for any other matter for which it would be unlawful for Expert to exclude or limit its liability.
3. Subject to paragraph 2, We are not liable for indirect losses, including but not limited to:
a) loss of income or revenue;
b) loss of business;
c) loss of profits or contracts;
d) loss of anticipated savings;
e) loss of data; or
f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this condition shall not prevent claims for loss or damage to Your tangible property that fall within the terms of Condition 7 or paragraph 2 of Condition 8 or any other claims for direct financial loss that are not excluded by any of paragraph 3(a) � (f) inclusive of this paragraph 3.
Trade Customers
1. Nothing in these Conditions excludes or limits the liability of Expert for death or personal injury caused by Expert's negligence, or for fraudulent misrepresentation, or for fraud or under section 2(3) of the Consumer Protection Act 1987 or for any other matter for which it would be unlawful for Expert to exclude or limit its liability.
2. Subject to the above, Expert shall not be liable to You whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under on in connection with the Contract (including any losses that may result from a deliberate breach of the Contract by Expert, its employees, agents or sub-contractors).
3. Expert's total liability to You in respect of all other losses caused by a deliberate breach of the Contract by Expert, its employees, agents or sub-contractors shall not exceed the value of the Contract.
8.2 You and the user if different, through your own analysis and testing are solely responsible for making the final selection of goods and assuring that all performance, endurance, maintenance, safety and warning requirements are met.
8.3 Adequate testing in actual service conditions must be carried out by You and/or user to establish suitability for end use. If We suggest products for an application based on data, drawings, designs, diagrams, specifications or other information provided by You or the user, You and the user are responsible for determining that the information is suitable for use of the product in the application.
8.4 We are not responsible for the installation and/or operation of any goods supplied.
8.4 Submission of an order for production of a product following receipt of a prototype (including a mock-up of a specification provided by You) is:
(a) Your acceptance of the prototype as meeting all of Your requirements as set out in the information supplied by You;
(b) Your acceptance of the goods based on the prototype, provided the products are manufactured with Our standard tolerances.
9. Safety and product recalls
9.1 You shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the goods concerning their storage and use and, where applicable, You shall refer your employees and your customers to such instructions and guidelines.
9.2 You shall satisfy Yourself that the persons responsible for storage and use of any of the goods supplied by Expert have all the information required on health and safety and Expert shall not be liable to You in any civil proceedings brought by You against Expert in respect of a breach of the user instruction or any applicable health and safety legislation or any regulations, orders or directions made pursuant to such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion is permissible by law.
9.3 The information We supply to You with the goods will necessarily be of a technical nature and if You are in any doubt about the interpretation of this information You should contact your nearest Expert centre. Details are available on Our website. For the avoidance of doubt this does not absolve You of Your responsibilities under the above.
9.4 You shall keep Expert properly informed of all complaints concerning the goods and shall co-operate fully and promptly with any steps taken by Expert in accordance with the below.
9.5 Expert may at its discretion recall any goods already sold to You (whether for a refund or credit or for replacement of the goods which shall in each case be undertaken by Expert) and/or issue any written or other notification to You about the manner of use of any goods already sold by Expert to You. You agree to give all reasonable assistance to Expert or the manufacturer in resisting any claim which may arise under any recall of product by Expert or the manufacturer of such product.
10. Events outside Our control
10.1 Expert reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of goods ordered by You (without liability to You) if Expert is prevented from or delayed in carrying on its business due to circumstances outside Our reasonable control ("Force Majeure Event").
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) accidents, extreme weather conditions, disease or epi/pandemic, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack or threat of terrorist attack, war or threat of war or preparation for war, civil commotion, riots, strikes, lockouts and other industrial disputes, the acts, decrees, legislation, regulation or restrictions of any government, and imposition or restrictions of imports and exports.
10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our commercially reasonable efforts to bring the Force Majeure Event to a close or find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event. If the event in question continues for a continuous period in excess of 180 days, You shall be entitled to give notice in writing to Expert to terminate the Contract.
11. Termination
11.1 Expert may suspend further supply or delivery as We think fit (without prejudice to any other rights or remedies it may have against You) or cancel delivery of the goods or stop any goods in transit or by notice in writing to You terminate the Contract without further liability to You:
a) if You are in breach of an obligation hereunder which is incapable of remedy;
b) You fail to remedy a breach which is capable of remedy or persists in any breach of any of Your obligations under the Contract after having been requested in writing by Expert to remedy or desist from such breach within a period of 14 days;
c) if any distress, execution or diligence is levied upon any of Your goods or property and is not paid out within 7 days of it being levied;
d) You (being a partnership) or Your partner offers to make any arrangements with or for the benefit of Your creditors or Your partner generally or there is presented in relation to You or Your partner, a petition of bankruptcy.
e) You (being an individual) present a petition for bankruptcy or have a petition for bankruptcy presented and/or granted.
f) You suspend or threaten to suspend payment of Your debts as they fall due or admit inability to pay Your debts or (being a limited company) are deemed unable to pay Your debts within the meaning of section 123 of the Insolvency Act 1986 or You call a meeting for the purpose of passing a resolution to wind up Your company or such a resolution is passed or You present or have presented a petition to wind up or present or have presented a petition or appoint an administrator or have an administrative receiver or receiver appointed to the whole or any part of Your business, undertaking, property or assets.
g) Your financial position deteriorates to such an extent that in Expert's opinion, Your capability to fulfil Your obligations has been placed in jeopardy;
h) You cease or threaten to cease, to carry on business; or
i) a secured lender to You takes any steps to obtain possession of the property on which it has security or otherwise to enforce its security.
11.2 Notwithstanding any such termination or suspension in accordance with the above, You shall pay Expert at the Contract rates all payments subsisting at the time of termination or suspension.
11.3 Expert reserves the right to terminate this agreement with You at its sole discretion. We may use our reasonable endeavours to make alternative product available to You or fully refund any payments which may have been made by You.
12. Information on this website
12.1 Expert has made every effort to ensure that details and information given in both Our printed and online publications are accurate at the date of issue but Expert gives no guarantees as to the accuracy or completeness of such information. Full technical specifications are not necessarily included and furthermore, Expert's policy is one of continuous improvement and the right is reserved to alter details and information at any time. Accordingly You should check any details and information You wish to rely on with Expert at the time of purchase. Expert accepts no liability in respect of any errors or omissions herein contained or for any loss or damage, malfunction or consequential loss arising from reliance on Our publications.
12.2 The images of the goods (and/or packaging) on our online publications and in our catalogue are for illustrative purposes only. Although We have made every effort to display the colours and/or surface finish accurately, we cannot guarantee the colours and/or surface finish accurately represents the actual product. Your product may vary slightly from those images.
12.2 Representations about the goods, directions for their use or marketing claims that can be made about the goods are made in good faith, but Expert shall not be liable for such representations. Any samples, drawings, descriptive matter or advertising issued by Us (and where any specification is to be agreed) contained on our online publications are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They shall not form party of the Contract or have any contractual force.
12.3 Any goods shown in Our printed and online publications do not represent endorsement by Expert of any other products, services or organisations and shall not form part of the Contract.
12.4 The colour reproductions of the garments featured in both Our printed and online publications are as accurate as the printing or electronic process will allow.
14. Written communication and notices
14.1 All notices given by You to Us must be given to Expert at Unit 3 Halfpenny Bridge Ind Est, Lincoln Close, Rochdale OL11 1NS. or sales@expert.co.uk. We may give notice to You at either the e-mail (specified e-mail address of the addressee) or postal address You provide to Us when placing an order. Notice will be deemed received and properly served immediately when posted on Our website, 24 hours after an e-mail is sent or three days after the date of posting of any letter (such letter must be properly addressed, stamped and placed in the post).
14.2 You acknowledge that electronic means of communication shall comply with any legal requirement that such communication be in writing.
15. General
15.1 Every right or remedy of Expert under the Contract is without prejudice to any other right or remedy of Expert whether under the Contract or not.
15.2 Each party agrees to keep secret and confidential all information obtained or disclosed as a result of the relationship of the parties under the Contract.
15.3 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
15.4 Failure or delay by Expert in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
15.5 Any waiver by Expert of any breach of, or any default under, any provision of the Contract by You will not be deemed a waiver of any subsequent breach of waiver and will in no way affect the other terms of the Contract.
15.6 The parties do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
15.7 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
15.8 The contract between You and Expert is binding on You and Expert and on Expert's respective successors and assignors. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it without Our prior written consent. Expert may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
15.9 You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions. You agree that You shall have no claim for innocent or negligent misrepresentations based on any statement in these Conditions or Expert's printed and/or online publications.
15.10 These Conditions and any document expressly referred to in them represent the entire agreement between the parties in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. The parties acknowledge that, in entering into a Contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us prior to such Contract except as expressly stated in these Conditions. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
16. Compliance with laws and data protection
16.1 In performing its obligations under these Conditions, each party shall comply with all applicable laws, statutes and regulations from time to time in force, including but not limited to the Modern Slavery Act 2015, the Bribery Act 2010, the General Data Protection Regulation (EU) 2016/679 and the Data Protection Act 2018.
16.2 Expert may monitor and record telephone calls for the following purposes:
a) training;
b) quality control; and
c) to confirm instructions.
17. Services
Any services which are subject to a separate fee and are to be performed by Expert under the Contract are performed in accordance with Expert's terms and conditions of service. A copy of the terms and conditions of services are available on request.
18. Distance Selling Regulations
Consumers
1. We are obliged by law to provide You, prior to the date of acceptance of Your order by Us, with certain information in relation to the Contract and Your rights under it.
2. This information appears throughout these Conditions, on our website and in the paperwork We send You.
19. All rights reserved No part of any Expert publication may be reproduced or transmitted in any form or by any means including photocopying and recording, without the written permission of the copyright holder application for which should be addressed to the publisher.
Expert Safety Supplies Limited, Unit 3 Halfpenny Bridge Ind Est, Lincoln Close, Rochdale OL11 1NS. Registered in England No. 9327538 Established 2014
Important Legal Notice ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.expertsafety.co.uk (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Expert Safety Supplies Limited (Company).
1. Introduction
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b. for which you have not obtained all necessary licences and/or approvals; or
c. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
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4.4 By breaching paragraph 4.3, you would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and the Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
4.5 The Company shall not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user.
4.6 The Company has the right to remove any material or posting you make on the Website if, in the Company's opinion, such material does not comply with the content standards set out in paragraph 4.2.
5. Links to and from other Websites
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
a. you do not remove, distort or otherwise alter the size or appearance of Expert logo;
b. you do not create a frame or any other browser or border environment around this Website;
c. you do not in any way imply that the Company is endorsing any products or services other than its own;
d. you do not misrepresent your relationship with the Company nor present any other false information about the Company;
e. you do not otherwise use any trade marks displayed on this Website without express written permission from the Company;
f. you do not link from a website that is not owned by you; and
g. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
6. Registration
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
6.3 The Company has the right to disable any password whether chosen by you or allocated by the Company, at anytime, if in the Company's opinion you have failed to comply with any of the provisions of this Legal Notice.
7. Disclaimer
7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8. Liability
8.1 The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Company, other members of the Company's group of Companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
8.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, or results of the use of the Website, any websites linked to it and any materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even forseeable, provided that this section 8 shall not prevent claims for loss or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories contained in the paragraph 8.2
8.3 Nothing in this legal notice shall exclude or limit the Company's liability for:
a. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
b. fraud; or
c. misrepresentation as to a fundamental matter; or
d. any liability which cannot be excluded or limited under applicable law.
8.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. Governing Law and Jurisdiction
9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.